Common use of Assumptions Concerning Funding of LIBOR Advances Clause in Contracts

Assumptions Concerning Funding of LIBOR Advances. Calculation of all amounts payable to Bank under this Section 3.6 and under Section 3.7 shall be made as though Bank had actually funded each relevant LIBOR Advance through the purchase of a Eurodollar deposit bearing interest at the rate obtained pursuant to the definition of LIBOR Rate in an amount equal to the amount of such LIBOR Advance and having a maturity comparable to the relevant Interest Period; provided, however, that Bank may fund each of its LIBOR Advances in any manner it sees fit and the foregoing assumptions shall be utilized only for the purposes of calculating amounts payable under this Section 3.6 and under Section 3.7.

Appears in 32 contracts

Samples: Loan and Security Agreement (Basis Global Technologies, Inc.), Loan and Security Agreement (Basis Global Technologies, Inc.), Loan and Security Agreement (Lantronix Inc)

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Assumptions Concerning Funding of LIBOR Advances. Calculation of all amounts payable to Bank under this Section 3.6 3.7 and under Section 3.7 3.8 shall be made as though Bank had actually funded each relevant LIBOR Advance through the purchase of a Eurodollar deposit bearing interest at the rate obtained pursuant to the definition of LIBOR Rate in an amount equal to the amount of such LIBOR Advance and having a maturity comparable to the relevant Interest Period; provided, however, that Bank may fund each of its LIBOR Advances in any manner it sees fit and the foregoing assumptions shall be utilized only for the purposes of calculating amounts payable under this Section 3.6 3.7 and under Section 3.73.8.

Appears in 8 contracts

Samples: Loan and Security Agreement (Impinj Inc), Loan and Security Agreement (A10 Networks, Inc.), Loan and Security Agreement (Aerohive Networks, Inc)

Assumptions Concerning Funding of LIBOR Advances. Calculation of all amounts payable to Bank under this Section 3.6 and under Section 3.7 3.4 shall be made as though Bank had actually funded each of its relevant LIBOR Advance Advances through the purchase of a Eurodollar deposit bearing interest at the rate obtained pursuant to the definition of LIBOR Rate in an amount equal to the amount of such LIBOR Advance and having a maturity comparable to the relevant Interest Period; provided, however, that Bank may fund each of its LIBOR Advances in any manner it sees fit and the foregoing assumptions shall be utilized only for the purposes of calculating amounts payable under this Section 3.6 and under Section 3.73.4.

Appears in 7 contracts

Samples: Loan Modification Agreement (Medidata Solutions, Inc.), Loan and Security Agreement (Motricity Inc), Loan Agreement (DemandTec, Inc.)

Assumptions Concerning Funding of LIBOR Advances. Calculation of all amounts payable to Bank under this Section 3.6 3.7 and under Section 3.7 3.8 shall be made as though Bank had actually funded each of its relevant LIBOR Advance Advances through the purchase of a Eurodollar deposit bearing interest at the rate obtained pursuant to the definition of LIBOR Rate in an amount equal to the amount of such LIBOR Advance and having a maturity comparable to the relevant Interest Period; provided, however, that Bank may fund each of its LIBOR Advances in any manner it sees fit and the foregoing assumptions shall be utilized only for the purposes of calculating amounts payable under this Section 3.6 3.7 and under Section 3.73.8.

Appears in 5 contracts

Samples: Loan and Security Agreement (Aviat Networks, Inc.), Loan and Security Agreement (Proofpoint Inc), Loan and Security Agreement (Aviat Networks, Inc.)

Assumptions Concerning Funding of LIBOR Advances. Calculation of all amounts payable to Bank under this Section 3.6 and under Section 3.7 shall be made as though Bank had actually funded each of its relevant LIBOR Advance Advances through the purchase of a Eurodollar deposit bearing interest at the rate obtained pursuant to the definition of LIBOR Rate in an amount equal to the amount of such LIBOR Advance and having a maturity comparable to the relevant Interest Period; provided, however, that Bank may fund each of its LIBOR Advances in any manner it sees fit and the foregoing assumptions shall be utilized only for the purposes of calculating amounts payable under this Section 3.6 and under Section 3.7.

Appears in 4 contracts

Samples: Loan and Security Agreement (Zillow Inc), Loan Agreement (Harmonic Inc), Loan and Security Agreement (Cardiac Science CORP)

Assumptions Concerning Funding of LIBOR Advances. Calculation of all amounts payable to Bank under this Section 3.6 5 and under Section 3.7 3 of this LIBOR Supplement shall be made as though Bank had actually funded each of its relevant LIBOR Advance Advances through the purchase of a Eurodollar deposit bearing interest at the rate obtained pursuant to the definition of LIBOR Rate in an amount equal to the amount of such LIBOR Advance and having a maturity comparable to the relevant Interest Period; provided, however, that Bank may fund each of its LIBOR Advances in any manner it sees fit and the foregoing assumptions shall be utilized only for the purposes of calculating amounts payable under this Section 3.6 5 and under Section 3.73 of this LIBOR Supplement.

Appears in 3 contracts

Samples: Loan and Security Agreement (Axcelis Technologies Inc), Loan and Security Agreement (Evergreen Solar Inc), Loan and Security Agreement (Satcon Technology Corp)

Assumptions Concerning Funding of LIBOR Advances. Calculation of all amounts payable to Bank under this Section 3.6 3.5 and under Section 3.7 3.3 shall be made as though Bank had actually funded each of its relevant LIBOR Advance Advances through the purchase of a Eurodollar deposit bearing interest at the rate obtained pursuant to the definition of LIBOR Rate in an amount equal to the amount of such LIBOR Advance and having a maturity comparable to the relevant Interest Period; provided, however, that Bank may fund each of its LIBOR Advances in any manner it sees fit and the foregoing assumptions shall be utilized only for the purposes of calculating amounts payable under this Section 3.6 3.5 and under Section 3.73.3.

Appears in 3 contracts

Samples: Loan and Security Agreement (Equinix Inc), Loan and Security Agreement (Stratex Networks Inc), Loan and Security Agreement (Equinix Inc)

Assumptions Concerning Funding of LIBOR Advances. Calculation of all amounts payable to Bank under this Section 3.6 3.3 and under Section 3.7 2.12 shall be made as though Bank had actually funded each of its relevant LIBOR Advance Advances through the purchase of a Eurodollar deposit bearing interest at the rate obtained pursuant to the definition of LIBOR Rate in an amount equal to the amount of such LIBOR Advance and having a maturity comparable to the relevant Interest Period; provided, however, that Bank may fund each of its LIBOR Advances in any manner it sees fit and the foregoing assumptions shall be utilized only for the purposes of calculating amounts payable under this Section 3.6 3.3 and under Section 3.72.1.2.

Appears in 2 contracts

Samples: Loan and Security Agreement (Quicklogic Corporation), Loan and Security Agreement (Quicklogic Corporation)

Assumptions Concerning Funding of LIBOR Advances. Calculation of all amounts payable to Bank under this Section 3.6 and under Section 3.7 3.4 shall be made as though Bank had actually funded each any relevant LIBOR Advance through the purchase of a Eurodollar deposit bearing interest at the rate obtained pursuant to the definition of LIBOR Rate in an amount equal to the amount of such LIBOR Advance and having a maturity comparable to the relevant Interest Period; provided, however, that Bank may fund each of its any such LIBOR Advances Advance in any manner it sees fit and the foregoing assumptions shall be utilized only for the purposes of calculating amounts payable under this Section 3.6 and under Section 3.73.4.

Appears in 1 contract

Samples: Loan and Security Agreement (Saba Software Inc)

Assumptions Concerning Funding of LIBOR Advances. Calculation of all amounts payable to Bank under this Section 3.6 3.7 and under Section 3.7 3.5 shall be made as though Bank had actually funded each of its relevant LIBOR Advance Advances through the purchase of a Eurodollar deposit bearing interest at the rate obtained pursuant to the definition of LIBOR Rate in an amount equal to the amount of such LIBOR Advance and having a maturity comparable to the relevant Interest Period; provided, however, that Bank may fund each of its LIBOR Advances in any manner it sees fit and the foregoing assumptions shall be utilized only for the purposes of calculating amounts payable under this Section 3.6 3.7 and under Section 3.73.5.

Appears in 1 contract

Samples: Loan and Security Agreement (Fusion-Io, Inc.)

Assumptions Concerning Funding of LIBOR Advances. Calculation of all amounts payable to Bank under this Section 3.6 3.7 and under Section 3.7 18 shall be made as though Bank had actually funded each relevant LIBOR Advance through the purchase of a Eurodollar deposit bearing interest at the rate obtained pursuant to the definition of LIBOR Rate in an amount equal to the amount of such LIBOR Advance and having a maturity comparable to the relevant Interest Period; provided, however, that Bank may fund each of its LIBOR Advances in any manner it sees fit and the foregoing assumptions shall be utilized only for the purposes of calculating amounts payable under this Section 3.6 3.7 and under Section 3.73.8.

Appears in 1 contract

Samples: Loan and Security Agreement (TrueCar, Inc.)

Assumptions Concerning Funding of LIBOR Advances. Calculation of all amounts payable to Bank under this Section 3.6 SECTION 3.5 and under Section 3.7 SECTION 3.3 shall be made as though Bank had actually funded each of its relevant LIBOR Advance Advances through the purchase of a Eurodollar deposit bearing interest at the rate obtained pursuant to the definition of LIBOR Rate in an amount equal to the amount of such LIBOR Advance and having a maturity comparable to the relevant Interest Period; provided, however, that Bank may fund each of its LIBOR Advances in any manner it sees fit and the foregoing assumptions shall be utilized only for the purposes of calculating amounts payable under this Section 3.6 SECTION 3.5 and under Section 3.7SECTION 3.3.

Appears in 1 contract

Samples: Loan and Security Agreement (Stratex Networks Inc)

Assumptions Concerning Funding of LIBOR Advances. Calculation of all amounts payable to Bank under this Section 3.6 and under Section 3.7 3.4 shall be made as though Bank had actually funded each of its relevant LIBOR Advance Advances through the purchase of a Eurodollar deposit bearing interest at the rate obtained pursuant to the definition of LIBOR Rate in an amount equal to the amount of such LIBOR Advance and having a maturity comparable to the relevant Interest Period; provided, however, that Bank may fund each of its LIBOR Advances in any manner it sees fit and the foregoing assumptions shall be utilized only for the purposes of / calculating amounts payable under this Section 3.6 and under Section 3.73.4.

Appears in 1 contract

Samples: Loan and Security Agreement (Internet Brands, Inc.)

Assumptions Concerning Funding of LIBOR Advances. Calculation of all amounts payable to Bank under this Section 3.6 3.7 and under Section 3.7 3.8 shall be made as though Bank had actually funded each of its relevant LIBOR Advance Advances through the purchase of a Eurodollar eurodollar deposit bearing interest at the rate obtained pursuant to the definition of LIBOR Rate in an amount equal to the amount of such LIBOR Advance and having a maturity comparable to the relevant Interest Period; provided, however, that Bank may fund each of its LIBOR Advances in any manner it sees fit and the foregoing assumptions shall be utilized only for the purposes of calculating amounts payable under this Section 3.6 3.7 and under Section 3.73.8.

Appears in 1 contract

Samples: Loan and Security Agreement (Ikanos Communications, Inc.)

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Assumptions Concerning Funding of LIBOR Advances. Calculation of all amounts payable to Bank under this Section 3.6 2.8 and under Section 3.7 2.9 shall be made as though Bank had actually funded each of its relevant LIBOR Advance Advances through the purchase of a Eurodollar deposit bearing interest at the rate obtained pursuant to the definition of LIBOR Rate in an amount equal to the amount of such LIBOR Advance and having a maturity comparable to the relevant Interest Period; provided, however, that Bank may fund each of its LIBOR Advances in any manner it sees fit and the foregoing assumptions shall be utilized only for the purposes of calculating amounts payable under this Section 3.6 2.8 and under Section 3.72.9.

Appears in 1 contract

Samples: Loan and Security Agreement (Audience Inc)

Assumptions Concerning Funding of LIBOR Advances. Calculation of all amounts payable to Bank Lender under this Section 3.6 3.5 and otherwise under Section 3.7 this Agreement shall be made as though Bank Lender had actually funded each of the relevant LIBOR Advance Advances through the purchase of a Eurodollar deposit bearing interest at the rate obtained pursuant to the definition of LIBOR Rate in an amount equal to the amount of such LIBOR Advance and having a maturity comparable to the relevant Interest Period; provided, however, that Bank Lender may fund each of its LIBOR Advances in any manner it sees fit and the foregoing assumptions shall be utilized only for the purposes of calculating amounts payable under this Section 3.6 3.5 and otherwise under Section 3.7this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Energy Recovery, Inc.)

Assumptions Concerning Funding of LIBOR Advances. Calculation of all amounts payable to Bank under this Section 3.6 3.7 and under Section 3.7 3.8 shall be made as though Bank had actually funded each relevant LIBOR Advance through the purchase of a Eurodollar Euro deposit bearing interest at the rate obtained pursuant to the definition of LIBOR Rate in an amount equal to the amount of such LIBOR Advance and having a maturity comparable to the relevant Interest Period; provided, however, that Bank may fund each of its LIBOR Advances in any manner it sees fit and the foregoing assumptions shall be utilized only for the purposes of calculating amounts payable under this Section 3.6 3.7 and under Section 3.73.8.

Appears in 1 contract

Samples: Loan and Security Agreement (Aviat Networks, Inc.)

Assumptions Concerning Funding of LIBOR Advances. Calculation of all amounts payable to Bank under this Section 3.6 and under Section 3.7 shall be made as though Bank had actually funded each relevant LIBOR Advance or LIBOR Loan through the purchase of a Eurodollar deposit bearing interest at the rate obtained pursuant to the definition of LIBOR Rate in an amount equal to the amount of such LIBOR Advance or LIBOR Loan, as applicable, and having a maturity comparable to the relevant Interest Period; provided, however, that Bank may fund each of its LIBOR Advances or LIBOR Loan in any manner it sees fit and the foregoing assumptions shall be utilized only for the purposes of calculating amounts payable under this Section 3.6 and under Section 3.7.

Appears in 1 contract

Samples: Loan and Security Agreement (Xactly Corp)

Assumptions Concerning Funding of LIBOR Advances. Calculation of all amounts payable to Bank under this Section 3.6 1.11 and under Section 3.7 1.12 shall be made as though Bank had actually funded each relevant LIBOR Advance through the purchase of a Eurodollar deposit bearing interest at the rate obtained pursuant to the definition of LIBOR Rate in an amount equal to the amount of such LIBOR Advance and having a maturity comparable to the relevant Interest Period; provided, however, that Bank may fund each of its LIBOR Advances in any manner it sees fit and the foregoing assumptions shall be utilized only for the purposes of calculating amounts payable under this Section 3.6 1.11 and under Section 3.71.12.

Appears in 1 contract

Samples: Loan and Security Agreement (Outbrain Inc.)

Assumptions Concerning Funding of LIBOR Advances. Calculation of all amounts payable to Bank Lenders under this Section 3.6 3.5 and under Section 3.7 3.3 shall be made as though Bank Lenders had actually funded each of its relevant LIBOR Advance Advances through the purchase of a Eurodollar deposit bearing interest at the rate obtained pursuant to the definition of LIBOR Rate in an amount equal to the amount of such LIBOR Advance and having a maturity comparable to the relevant Interest Period; provided, however, that Bank a Lender may fund each of its LIBOR Advances in any manner it sees fit and the foregoing assumptions shall be utilized only for the purposes of calculating amounts payable under this Section 3.6 3.5 and under Section 3.73.3.

Appears in 1 contract

Samples: Loan and Security Agreement (Equinix Inc)

Assumptions Concerning Funding of LIBOR Advances. Calculation of all amounts payable to Bank Lender under this Section 3.6 and under Section 3.7 shall be made as though Bank Lender had actually funded each relevant LIBOR Advance through the purchase of a Eurodollar deposit bearing interest at the rate obtained pursuant to the definition of LIBOR Rate in an amount equal to the amount of such LIBOR Advance and having a maturity comparable to the relevant Interest Period; provided, however, that Bank Lender may fund each of its LIBOR Advances in any manner it sees fit and the foregoing assumptions shall be utilized only for the purposes of calculating amounts payable under this Section 3.6 and under Section 3.7.

Appears in 1 contract

Samples: Mezzanine Loan and Security Agreement (Lantronix Inc)

Assumptions Concerning Funding of LIBOR Advances. Calculation of all amounts payable to Bank under this Section 3.6 and under Section 3.7 2.5 shall be made as though Bank had actually funded each of its relevant LIBOR Advance Advances through the purchase of a Eurodollar deposit bearing interest at the rate obtained pursuant to the definition of LIBOR Rate in an amount equal to the amount of such LIBOR Advance and having a maturity comparable to the relevant Interest Period; provided, however, that Bank may fund each of its LIBOR Advances in any manner it sees fit and the foregoing assumptions shall be utilized only for the purposes of calculating amounts payable under this Section 3.6 and under Section 3.72.5.

Appears in 1 contract

Samples: Loan and Security Agreement (Ista Pharmaceuticals Inc)

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